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Monday, January 28, 2013

How ADR Can Take Role to Access to Justice?

Use
of formal court system requires resources unavailable to sector of the
population formal court system are biased against women minorities or other
groups illiteracy prevents part of the population from using formal court
system. Distance from the courts impairs effective use for rural population.
ADR can be effective successful in some cases where ordinary court of law
cannot even take a decision. There are below:

Pacific Settlement

Any dispute settled by any for of ADR
ends dispute harmony. Both the parties remain happy in such resolution. There exists
a 'win-win' situation in ADR, which is opposed to 'win-loss' situation in
ordinary litigation. Again there is a possibility that an access on being
proved guilty may attempt to commit further crises in order to traumatize the
victim thus a vicious cycle is created. ADR relieves such tension and thereby
reduces conflict in a society.

Reducing the Formality
of the Legal Process

Several
studies indicate that the formality of Court systems intimidates and
discourages use in Bangladesh. The court requirement of legal representation is
both costly and intimidating for people who may not be comfortable interacting
with lawyers form a different class ADR can play vital role to overcome this
problem.

Counteracting
Discrimination and Bias in the System

When courts are systematically biased against
particular group, such as minorities or women ADR program can sometimes help
provide some measure of justice. In Bangladesh the courts often poorly protect
women. Some NGOs sponsored ADR program take special initiative in this regard
as the MLAA mediation program has procreative women to serve on mediation
panels in the village mediation program. Women who have used the system believe
that they receive better protection and more compensation from this system than
from the formal court system.

Speedy Disposal of Disputes

ADR saves time of the parties to the
dispute. Since ADR follows informal procedure the parties to the dispute can
get their remedy earlier. In a curt of law the court has to follow many
formalities has to hear every concerned party. Witnesses and verify necessary
documents. Thus a case may run for more than 50 years. In ADR not too many
formalities are to be followed so in a sitting, by using ADR it is not
impossible to more than one case.

Over
Coming the Berried of Illiteracy

In
Bangladesh access to justice is effective by denied because the formal system
requires a level of literacy that many in the county do not have and the formal
legal processes are especially intimidating for large numbers of illiterate
citizens. ADR programs' can be designed to rely on oral representations. Oral
agreements may be enforced by traditional means of community poor pressure
eliminating the need for written documentation or formal enforcement
mechanisms.

Cheap
Process

Moving ordinary court of law costs huge amount of
money initially. The court fee is to be paid to start a suit, and then there is
fee of the lawyer to defend the case, then to collect the certified copies of
the judgment or order or decree. The parties to the suit have to court enough
money since ADR follows informal procedure. ADR saves money and thus help
people of varying strata of the society to get remedy.

Access
to Justice

Constitutions
of most of the countries provide for the peoples right to Justice. This is also
evident in the international and regional instruments of human rights. But in
effect this may not always be the case. ADR significantly created access to
Justice for such disadvantaged group who would not get justice in ordinary
court of law.

Assistance
or Ordinary Legal System

All
over the world the ordinary courts of law are facing terrible problems due to
unlimited number of cases. This is simply immaterial whether the court is of
developing or poor or developed countries. Day be day the states are trying to
provide their citizens different rights and thus invite people to move to the
court even for trifle offences since ADR is an alternative step to help the
ordinary courts of law to dissolve disputes. It supports and complements court
reform.

Effective
Remedy

Sometimes ADR can award effective remedy in
comparison with the remedy provides by the ordinary law of the land. We have
inherited our legal system from our British rulers and in most cases thee laws
may not be effective. Hence ADR operates as an alternative and efficacious
remedy for the aggrieved.

Privacy

A
free and democratic society requires respect for the autonomy of individuals
and limits on the power of both state and private organizations to intrude on
that autonomy ....... Privacy is a key value which under pins human dignity and
other key values such as freedom of Associations and freedom of speech
........privacy is a basic human right and the reasonable expectation of every
person.